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Significant Changes Proposed to Canadian Environmental Protection Act
Significant changes to the Canadian Environmental Protection Act, 1999 (CEPA) have been introduced in the Senate Bill (S5), “Strengthening Environmental Protection for a Healthier Canada Act.” The Senate completed the first reading on February 9, 2022. What is CEPA? According to Environment and Climate Change Canada, “CEPA is Canada’s cornerstone federal environmental protection law that protects Canadians and the environment. Over the years, CEPA has been used to prevent plastic microbeads from entering our water, ban asbestos, and...
read moreGovernment Proposals to Reduce Methane from Landfills
As Canada seeks to reduce their Greenhouse Gas (GHG) Emissions, they are looking at various sources of GHGs, including methane from landfills. This focus on methane led to the release of two “measures” to address methane. The first measure is outlined in a document by Environment and Climate Change Canada (ECCC), “Landfill Methane Recovery and Destruction.” The draft document was available as of January (2022). Federal Offset Protocol According to the news release on January 29, 2022, from The Government of Canada, “The Government is...
read moreManaging Excess Soils in Ontario: Requirements for 2022
Some people were hoping that there might be a reprieve or delay on the next phase of Ontario’s Excess Soils Regulation (O. Reg. 406/19: On-Site and Excess Soil Management). However, as the New Year opened, the Resource Productivity & Recovery Authority (RPRA) announced that “From January 1, 2022, construction and development Project Leaders and Operators/Owners of soil Reuse Sites, and Residential Development Soil Depot sites must file notices about how they reuse and dispose of Excess Soil in compliance with Ontario’s Excess Soil...
read moreThe Complexity of Canada’s Plastics Ban
The national ban on single use plastics (i.e., plastics that will not be recycled) was supposed to have taken place in 2021. That did not happen, perhaps owed to the ongoing global battle with the pandemic. However, on December 21, 2021, the Minister of Environment and Climate Change and the Minister of Health announced draft regulations under the Canadian Environmental Protection Act, 1999 (CEPA) banning certain single-use plastics deemed to be harmful. What paved the way for the ban was the May 12, 2021, Final Order adding a Toxic...
read moreEnvironmental Enforcement in Ontario
No one wants to be on the receiving end of an environmental enforcement action. There are often fines involved, sometimes significant fines. Beyond the fines and bad public relations, the cause for the “event” still must be addressed. Below are a couple of recent enforcement events in Ontario. Federal Enforcement in Kitchener According to the Canadian Government, on June 24, 2021, Drewlo Holdings Inc. (in Kitchener, ON) entered into an alternative measures agreement with the Director of Public Prosecutions acting under and on behalf of...
read moreOffice of Auditor General 2021 Report: Critical of Ontario’s Environmental Management
In our September 21st blog, we shared the news that the Ontario Divisional Court ruled that the Ontario Government broke the law by failing to consult with the public. This obligation to consult with the public is spelled out in the Ontario Bill of Rights. It should be noted that the above criticism and subsequent ruling was with respect to actions taken under Bill 197, the COVID–19 Economic Recovery Act. 2021 Annual Report Critical of Environment Ministry The recently released Annual Report from the Office of Auditor General was equally...
read moreThe Problem of Sewage
As our global and national population continues to grow, there are events that naturally follow. For example, in 1950 the population of Toronto was about 1,068,305. By 2021, the population had risen to 6,254,571. That growth means more homes, more good and services, more roads, more parking lots and rooftops. Where rainwater used to fall onto undeveloped areas, it is now collected, channeled, and in too many cases, combined with sanitary sewage. During times of heavy rain, something we saw plenty of in the summer of 2021, this creates...
read moreMore Enforcement and Controversial Trudeau Appointment
In our October 18th blog, we shared news of environmental enforcement and that at least one law firm is suggesting there have been larger monetary penalties over the past several years. With Prime Minister Trudeau’s appointment of a former Greenpeace Activist, Steven Guilbeault, to the Minister of Environment and Climate Change, there are new concerns about future policies and enforcement. Construction Firm Pays $100,000 First, more enforcement news. On October 4, 2021, EllisDon Construction Services, Inc. was sentenced in the Provincial...
read more$2.5 Million Fine and Potential Uptick in Enforcement
Maintaining rail lines is an essential part of railroad operations. Quickly growing invasive weeds and woody plants can play havoc and is a safety hazard for railroad operations. Vegetation management is commonly achieved by the application of pesticides (pre and post emergent). Maintaining these lines must be done in a manner that is safe and protective of the environment. Environmental Violations Canadian National (CN) Railway was fined for improper application of pesticides. This violation ($100,000) was reported in May 2021. The second...
read moreHistorical Contamination, Responsible Parties, and Lessons
You may have followed the Albert Bloom Limited v. London Transit Commission, 2021 ONCA 74 (CanLII) case earlier this year. It was a fairly small settlement but it was a complicated case involving several parties over decades and centered on trichloroethylene (TCE) contamination that occurred in the 1940s. The lessons from the case (that is summarized below), are about being proactive when you are provided evidence of contamination emanating from your property. Additionally, some lawyers point to the importance of due diligence when...
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